Is a certificate of probable cause required to enforce a negotiated plea?
California, United States of America
The following excerpt is from People v. Ripley, F075100 (Cal. App. 2018):
Here, defendant's appeal seeks to enforce the terms of a negotiated plea. A certificate of probable cause is not required where "the grounds for [a defendant's] appeal arise from the trial court's failure to give effect to the terms of [the defendant's] plea." (People v. Brown (2007) 147 Cal.App.4th 1213, 1220.) Defendant's appeal does not attack the validity of the plea in any respect, and therefore does not require a certificate of probable cause.
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